TRIPS: ISSUES

TRIPS and public health

Events and briefing on Trade-Related Aspects of Intellectual Property Rights, patents, and pharmaceuticals and public health — including discussions in the WTO’s TRIPS Council.

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Briefing  back to top

TRIPS and pharmaceuticals: fact sheet
A basic explanation, with extracts of the legal text. You can browse the fact sheet or download in Word format or in pdf format and print it.

Frequently asked questions: compulsory licensing of pharmaceuticals and TRIPS

Pharmaceutical patents and the TRIPS Agreement
A more technical explanation.
  

Paragraph 6 System  back to top

‘Paragraph 6’ — importing under compulsory licensing — explained: Press releases 2003 on waiver, 2005 on amendment; in fact sheet; and in detail in extract from 2013 WHO-WIPO-WTO study (pdf)

Annual reports on ‘Paragraph 6’ implementation

How to accept the protocol amending the TRIPS Agreement: Background information for members on procedures

National implementation legislation: the countries that have changed their laws to implement the “Paragraph 6 System”.

Illustrative guide to notifying under the Paragraph 6 System
  

Official texts  back to top

The WTO Members have adopted the following instruments on TRIPS and public health:

  • 2015: Decision on Least Developed Country Members – Obligations under Article 70.8 and Article 70.9 of the TRIPS Agreement with Respect to Pharmaceutical Products adopted by the General Council on 30 November 2015 following a recommendation by the Council for TRIPS. This Decision complements the aforementioned decision to extend the transition period for least developed country Members by waiving certain obligations that would have otherwise been applicable during the transition period. This includes an extension of the waiver to give exclusive marketing rights to pharmaceutical products that was initially put in place in 2002, and also adds a new waiver of the obligation to provide for the possibility of filing mailbox applications. Both waivers apply until 1 January 2033. The Decision was taken with a view to ensuring attainment of the objectives of paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health.

      

External links  back to top
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